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Town of Cheektowaga, NY
Erie County
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Table of Contents
Table of Contents
All discharges of stormwater, surface water, groundwater, roof runoff, subsurface drainage or other waters not intended to be treated in the POTW shall be made to storm sewers or natural outlets designed for such discharges. Any connection, drain or arrangement which will permit any such waters to enter any other wastewater sewer shall be deemed to be a violation of this section and this chapter.
No person shall contribute or cause to be contributed, directly or indirectly, any substances or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:
A. 
Any liquids, solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the POTW (or at any point in the POTW) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, paints, petroleum products, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the Town, the state or EPA has notified the user is a fire hazard or a hazard to the POTW.
B. 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as but not limited to grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
C. 
Any wastewater which causes corrosive damage or hazard to structures, equipment or personnel of the POTW, but in no case discharges having a pH lower than 5.0 or greater than 12.0.
D. 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or to exceed a limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.
E. 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
F. 
Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the federal Solid Waste Disposal Act, the Clean Air Act,[1] the Toxic Substances Control Act,[2] or state criteria applicable to the sludge management method being used.
[1]
Editor's Note: See 42 U.S.C.A. § 7401 et seq.
[2]
Editor's Note: See 15 U.S.C.A. § 2601 et seq.
G. 
Any substance which will cause the POTW to violate its SPDES permit or the receiving water quality standards.
H. 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
I. 
Any wastewater which contains heat in amounts which will accelerate the biodegradation of wastes, causing the formation of excessive amounts of hydrogen sulfide in the POTW or inhibit biological activity in the POTW treatment plant, but in no case shall the discharge exceed 65° C. (150° F.) or cause the temperature at the POTW treatment plant influent to exceed 40° C. (104° F.).
J. 
Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average twenty-four-hour concentration, quantities or flow during normal operation, unless the facilities can accommodate such load and prior approval, in writing, has been obtained from the Town Engineer.
K. 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in compliance with applicable state or federal regulations.
L. 
Any wastewater containing more than 100 milligrams per liter of oils, fat or grease unless the POTW can accommodate such discharge and prior approval, in writing, has been obtained from the Town Engineer.
A. 
No person shall discharge or cause to be discharged to any POTW, wastewaters containing substances subject to an applicable federal categorical pretreatment standard promulgated by EPA in excess of the quantity prescribed in such applicable pretreatment standards except as otherwise provided in this section.
B. 
Upon application by a Class III user, the Town in conjunction with the BSA may revise any limitations on substances specified in the applicable pretreatment standards to reflect removal of the substances by the POTW treatment plant. The revised discharge limit for specified substances shall be derived in accordance with federal law.
C. 
Upon application by a Class III user, the Town in conjunction with the BSA may adjust any limitation on substances specified in the applicable pretreatment standards to consider factors relating to such person which are fundamentally different from the factors considered by EPA during the development of the pretreatment standard. Requests for and determinations of a fundamentally different adjustment shall be in accordance with federal law.
D. 
The Town Engineer shall notify any Class III user affected by the provisions of this section and establish an enforceable compliance schedule for each.
Nothing in this article shall be construed as preventing any special agreement or arrangements between the Town and any user of the POTW whereby wastewater of unusual strength or character is accepted into the system and specially treated subject to any payments or user charges as may be applicable. Federal categorical pretreatment standards shall not be waived.
The conservation of water and energy shall be encouraged by the Town Engineer. In establishing discharge restrictions upon industrial users, he shall take into account already implemented or planned conservation steps revealed by the Class III user. Upon request of the Town Engineer, each industrial user shall provide the Town Engineer with pertinent information showing that the quantities of substances or pollutants have not been nor will be increased as a result of the conservation steps. Upon such a showing to the satisfaction of the Town Engineer, he may make adjustments to discharge restrictions, which have been based on concentrations, to reflect the conservation steps.
A. 
No person shall discharge wastewater to the POTW containing pollutant concentrations which exceed the following limits:
Pollutant
Maximum Allowable Instantaneous Discharge*
(mg/l)
Chloroform
8.5
1, 2, 4-trichlorobenzene
0.8
Fluoranthene
0.1
Pyrene
0.1
Endosulfun
1.6
DDD
0.68
BHC
1.9
PCB
0.002
Phenol (Total)
20.0
Selenium
2.4
Silver
2.2
Cadmium
40.0
Chromium, Total
40.0
Chromium, Hexavalent
9.2
Copper
16.0
Mercury
7.0
Nickel
14.0
Lead
65.0
Zinc
25.0
Cyanide, Total
66.0
Cyanide, Amenable
6.2
NOTES:
* Compliance determined on the basis of a grab sample.
B. 
For facilities with multiple outfalls to the public sewer, the limits established above shall apply to each individual outfall. The exceptions to this are mass limits and total phenol. Mass discharge limits issued to any facility under the SPDES permit system shall apply to the total discharge from all outfalls at that facility. The phenol limit shall also apply to the composite of all discharges from a facility.
State and Buffalo Sewer Authority requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations and those in this chapter. In all cases, the most stringent limit, federal, state, BSA or local shall apply.
The Town reserves the right to establish by law more stringent limitations or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in this article.
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant-specific limitation developed by the Town, state or BSA. Dilution may be an acceptable means of complying with some of the prohibitions set forth in § 198-32C of this article upon prior approval in writing by the Town Engineer.
A. 
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense.
B. 
In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
C. 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
D. 
Within five days following an accidental discharge, the user shall submit to the Town Engineer a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
A. 
Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this chapter shall be determined in accordance with procedures established by the Town Engineer pursuant to Standard Methods and also to Section 304(g) of Act and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the Town Engineer and which comply with state and federal law.
B. 
Measurements, tests and analyses of the characteristics of wastewater required by this chapter shall be performed in a qualified laboratory.
If the drainage or discharge from any establishment causes a deposit, obstruction or damage to the POTW, the Town Engineer shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor and supervision, shall be borne by the person causing such deposit, obstruction or damage.